INVITATION TO TENDERInvitation to Tender. 2.3 Amendment of Tender Documents At any time prior to the...

Supply of Loose Furniture for the SNRAS Science Research &

Teaching Complex Building at Kukum Campus - UTB-002/20

To all Tenderers,

The Solomon Islands National University has budget funding for the following

tender for the supply of goods [Loose Furniture] and now invites interested

eligible Tenderers to submit tenders for the Supply of Goods for the SNRAS

SRTC Complex at Kukum Campus. Full details are provided in the attached

Technical Specifications.

Bidding will be conducted through Competitive Tendering procedure and is

open to all eligible Tenderers.

Interested eligible Tenderers may obtain further information from SINU

Procurement office; Project Accountant through email: [email protected]

and request the Bidding Documents at the address given from 08:00 am to

4:30pm Monday to Tuesday only or can be downloaded from our website

http://www.sinu.edu.sb/hrd/tenders-eoi/

Tenders must be delivered in sealed envelopes to the address below or soft

copies via email address; [email protected] at or before 2pm on 25th

February 2020.

The Chairman

SINU University Tender Board Committee

Cite Tender number & name of tender and

deliver to The Tender Board situated at the Office of the Vice Chancellor

INVITATION TO TENDER

mailto:[email protected]

http://www.sinu.edu.sb/hrd/tenders-eoi/

mailto:[email protected]

SOLOMON ISLANDS NATIONAL UNIVERSITY

PROPERTY AND CAMPUS MANAGEMENT DEPARTMENT

Tender for the Supply of Loose Furniture for the SNRAS Science Research & Teaching Complex Building at Kukum Campus

Tender Reference Number: UTB -002/20

5th February 2020

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Table of Contents

LETTER OF INVITATION .................................................................................. 2

INSTRUCTIONS TO TENDERERS ................................................................... 4

CONTRACT ..................................................................................................... 11

DRAFT SUPPLY CONTRACT ..................................................................... 11 GENERAL CONDITIONS OF CONTRACT ............................................ 13 SPECIAL CONDITIONS OF CONTRACT .................................................... 20

SECTION IV. SCHEDULE OF REQUIREMENTS ........................................... 22

SECTION V. TECHNICAL SPECIFICATIONS ................................................ 23

TENDER AND PRICE SCHEDULES .............................................................. 24

TENDER FORM ........................................................................................... 24 PRICE SCHEDULE FOR GOODS OFFERED FROM ABROAD ................. 25 PRICE SCHEDULE FOR GOODS OFFERED FROM WITHIN SOLOMON ISLANDS 26 BANK GUARANTEE FORM FOR ADVANCE PAYMENT .......................... 27 MANUFACTURER’S AUTHORISATION FORM ......................................... 28

QUALIFICATION INFORMATION .................................................................. 29

SECTION I – LETTER OF INVITATION

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LETTER OF INVITATION

05th February 2020


Name of Project: Supply of Loose Furniture for the SNRAS Science

Research & Teaching Complex Building at Kukum Campus

To all Tenderers,

1. The Solomon Islands National University has budget funding for the

following tender for the supply of goods [Loose Furniture] and now invites

interested eligible Tenderers to submit tenders for the Supply of Goods for

the SNRAS SRTC Complex at Kukum Campus. Full details are provided in

the attached Technical Specifications.

2. Bidding will be conducted through Competitive Tendering procedure and

is open to all eligible Tenderers.

3. Interested eligible Tenderers may obtain further information from SINU

Procurement office; Project Accountant through email: procurement office

and request the Bidding Documents at the address given below from 08:00

am to 4:30pm Monday to Tuesday only.

4. A complete set of Tender documents in English may be obtained by

interested Tenderers from the address below

5. Tenders must be delivered in sealed envelopes to the address below or soft

copies via email address; [email protected] at or

before 2pm on 25th February 2020.

The Chairman

SINU University Tender Board Committee

Cite Tender number & name of tender and

deliver to The Tender Board situated at the Office of the Vice Chancellor

6. Tenders shall be valid for a period of 45 days after the deadline of Tender

submission. Tenders will be opened promptly thereafter at 2:30pm 25th

Tuesday 2020

SECTION I – LETTER OF INVITATION

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7. Late Tenders or incomplete tenders will not be considered

The address to obtain further information from:

Procurement Department

SINU Kukum Campus

Contact Person: Watson Buare

P.O. Box R113, Honiara.

Telephone: 42641

Email: [email protected]

SECTION II – INSTRUCTIONS TO TENDERERS

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INSTRUCTIONS TO TENDERERS

1. General

1.1. Scope

The Invitation to Tender (ITT) is for the <Supply of insert description> for the <insert

Ministry/ agency>. Tenderers must comply fully with the requirements set out in this

document. All tenders are to be completed and returned to the Purchaser in accordance

with these Instructions.

1.2. Source of Funds

Funding for this tender will be made available from the SINU Capital Budget.

1.3. Eligibility

Participation in this tender process is open to all interested and eligible Tenderers.

1.4. Restrictions to Eligibility

Organisations or individuals who are prohibited from participation by any act taken in

compliance with a decision of the UN Security Council, or those blacklisted by a

“watchdog” committee of the Solomon Islands Government, or any international

development agency will not be considered.

1.5 Cost of Bidding

The Tenderer shall bear all costs associated with the preparation and submission of its

tender, and the Purchaser shall not be responsible or liable for these costs, regardless of

the conduct or outcome of the tender process.

1.6. Conflict of Interest

A Conflict of Interest arises from any event influencing the capacity of a Tenderer from

performing in an objective and impartial professional manner, or preventing him, at any

moment, from giving priority to the interests of the Purchaser.

A Conflict of Interest also arises from any consideration relating to possible contracts

in the future or conflict with other commitments, past, present, of a Tenderer, or any

conflict with his own interests. These restrictions also apply to sub-Tenderers and

employees of the Tenderer.

There is a conflict of interest if the Tenderer is compromised for reasons involving

family, emotional life, political or national affinity, economic interest or any other

shared interest with the beneficiary.

1.7 Ethics

It is a requirement that both the Purchaser and Tenderer observe the highest standards

of ethics during the procurement and execution of contracts.

In pursuance of this policy, the Purchaser requires that all Tenderers concerned take

measures to ensure that no transfer of gifts, payments or other benefits to SINU

officials and/or procurement/ management staff with decision making responsibility or

influence, occur.

The Purchaser reserves the right to suspend or cancel a tender if corrupt practices of

any kind are discovered at any stage of the award process. For the purpose of this

provision, the terms set forth below shall have the following meaning:

"corrupt practice" means the offering, giving, receiving or soliciting of anything of

value to influence the action of any staff involved in the procurement of goods and/or

services, or the threatening of injury to a person, property or reputation in connection


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with the procurement process or in contract execution, in order to obtain or retain

business or other improper advantage in the conduct of business;

"fraudulent practice" means a misrepresentation of facts in order to influence a

procurement process or the execution of a contract to the detriment of the SIG, and

includes collusive practices among Tenderers (prior to or after submission of tenders)

designed to establish prices at artificial, non-competitive levels and to deprive the

Purchaser of the benefits of free and open competition.

Any attempt by a Tenderer to obtain confidential information, enter into unlawful

agreements with competitors or influence the committee or the Purchaser during the

process of examining, clarifying, evaluating and comparing tenders will lead to the

rejection of his candidacy or tender and may result in administrative penalties (e.g.

suspension from future tender procedures).

Any Tenderer who attempts to influence the outcome of the selection process by

discrediting competing applications, or by threatening any member sitting on the

selection panel, the Purchaser or any of its staff, or transfers gifts, payments or other

benefits to the Purchaser, any staff member, or any member sitting on the evaluation

panel, will be automatically disqualified from consideration.

The Tenderer shall refrain from any relationship likely to compromise his

independence or that of his staff. If the Tenderer ceases to be independent, the

Purchaser may, regardless of injury, terminate the contract without further notice and

without the Tenderer having any claim to compensation.

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1.8 Officer Responsible

The officer responsible for managing the tender process in the Procurement Department

and from whom further information can be obtained is:

George Tasra

Chief Procurement Officer

Procurement office, Kukum Campus

[email protected]

Telephone: 42641

2. Tender Documents

2.1 Content of Tender Documents check order and contents

The goods required, delivery times, tender procedures and contract terms are prescribed

in the Tender Documents. In addition to the Invitation for Tenders, the Tender

Documents include:

Instruction to Tenderers (ITT);

Contract Form;

General Conditions of Contract (GCC);

Special Conditions of Contract (SCC);

Schedule of Requirements;

Technical Specifications;

Tender Form and Price Schedules

Bank Guarantee for Advance Payment Form;

Manufacturer’s Authorisation Form.

Post qualification information


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2.2 Request for Clarification

The minimum requirement is 7 days. Any request for clarification must be received by

the Purchaser in writing, at least 10 days before the deadline for submission of tenders.

The Purchaser will respond to Tenderers’ questions at least 7 days before the deadline

for submission of tenders. If the Purchaser, either on its own initiative or in response to

a request from a Tenderer provides additional information on the tender document,

such information will be sent in writing to all Tenderers who have obtained the

Invitation to Tender.

2.3 Amendment of Tender Documents

At any time prior to the deadline for submission of tenders, the Purchaser, for any

reason, whether at its own initiative or in response to a clarification requested by a

prospective Tenderer, may modify the Tender documents by amendment. All

prospective Tenderers will be notified of the amendment in writing and it will be

binding on them. The Purchaser may, at their discretion, extend the deadline to allow

Tenderers reasonable time to take the amendment into account.

All such responses issued in writing to all Tenderers will form a specification

addendum, which shall then become part of the Specification.

3. Preparation of Tenders

3.1 Documents Comprising the Tender

The Tenderer’s delivery of the bid shall comprise the following components:

a. A Tender Form and a price schedule completed in accordance with the attached

forms.

b. Documentary evidence that the Tenderer is qualified to perform the contract if

it’s Tender is accepted;

c. Documentary evidence that the goods to be supplied by the Tenderer are

genuine and newly manufactured goods and conform to the Tender Documents; and

3.2 Tender Form

The Tenderer shall complete the Tender Form and the appropriate price schedule

furnished in the Tender Documents, indicating the goods to be supplied, a brief

description of the goods, their country or origin quality and prices.

3.3 Tender Price

The Tenderer shall indicate on the appropriate Price Schedule the unit prices (where

applicable) and total Tender price of the goods it proposes to supply under the contract.

'Prices indicated on the Price Schedule shall be entered separately in the following

manner as specified below:

the price of the goods quoted Delivery Duty Paid (to Kukum Campus Project site)

(Delivery Duty Paid means that the Tenderer delivers the goods to the Purchaser at the

place indicated in the term “Delivery Duty Paid (named destination) and covers the

clearance of the goods from customs and is responsible for all taxes and duties. The

Tenderer shall pay all costs and covers all risks involved with the delivery of the goods

to the place indicated by the Purchaser and is entitled for his payment only if the goods

have arrived at the Purchasers destination in good order.

or

the price of the goods quoted Delivery At Place (Kukum Campus Project site)

(Delivery at Place means that the Tenderer delivers the goods to the Purchaser at the

place indicated in the term “Delivery At Place (named destination. Purchaser is

responsible for the clearance of the goods from customs and the payment of all taxes


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and duties / exemption from duties & taxes. The Tenderer shall than be responsible for

all costs and covers all risks involved with delivering of the goods to the place

indicated by the Purchaser and is entitled for his payment only if the goods have

arrived at the Purchasers destination in good order.

ii. the price of other incidental services, if any, listed in the Schedule of

Requirements.

Prices quoted by the Tenderer shall be fixed during the Tenderer’s performance of the

Contract and not subject to variation on any account. Tenderer must include all costs

including delivery to the location as given in the Tender in the financial offer.

3.4 Currency of Tender

All National tenders must be presented in Solomon Island Dollars, or for International

Supply, in a freely convertible currency. Tenders in a freely convertible currency will

be converted to Solomon Island Dollars at the selling rate of the Central Bank of

Solomon Islands prevailing on the date of closing of submissions for purposes of the

evaluation. Payment will be in the currency of the tenderer’s offer and may not be

changed after submission of tender.

3.5 Tender Validity

Tenderer shall be bound by their tenders for a period of 45 days from the deadline for

the submission of tenders. In exceptional cases and prior to the expiry of the original

tender validity period, the Purchaser may ask Tenderers in writing to extend this

period. Tenderers that agree to do so will not be permitted to modify their tenders. If

they refuse, their participation in the tender procedure will be terminated. The

successful Tenderer will be bound by his tender for a further period of 30 days

following receipt of the notification that he has been selected.

3.6 Format and Signature of Tender

The Tenderer shall prepare one original clearly marked “ORIGINAL” of its tender. The

original shall be typed or written in indelible ink and signed by an authorised signatory

on behalf of the Tenderer. Any alterations or erasures shall only be valid if initialled by

the person signing the tender. For ease of evaluation, the Tenderer may also submit a

soft copy on CD or flash drive in MS Word, MS Excel, or in PDF format in case of a

difference between hard and soft versions, the “Original” hard version shall be

applicable.

4. Submission and Opening of Tenders

4.1 Submission, Sealing and Marking of Tenders

Tenderers may submit their bids by mail, courier or by hand or by email. The Tenderer

shall seal the original of the Bid in one envelope

The envelope shall be addressed to the Chairman SINU Minor Tender Board

Committee at the following; Office of the Vice Chancellor, Kukum Campus; bear

the name of the Tenderer, and identification and number of this Tender Process; and

provide a warning not to open before the specified time and date for Tender opening as

defined in Clause 4.2 below.

In addition to the identification required above, the inner envelopes shall indicate the

name and address of the Tenderer to enable the Tender to be returned unopened in case

it is declared late.


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If the outer envelope is not sealed and marked as above, the <name ministry/agency>

shall assume no responsibility for the misplacement or premature opening of the

Tender.

4.2 Deadline for Submission of Tenders

Tenders shall be delivered to the Chairman, SINU Minor Tender Board Committee

at the address specified in Clause 4.1, above no later than the 2pm on 25th November

2020

The Purchaser may extend the deadline for submission of tenders by issuing an

amendment in accordance with Clause 2.4, in which case all rights and obligations of

the Purchaser and the Tenderers previously subject to the original deadline shall then

be subject to the new deadline.

4.3 Late Tenders

Any Tender received by the Purchaser after the deadline prescribed in Clause 4.2 shall

be returned unopened to the Tenderer.

4.4 Withdrawal, Substitution and Modification of Tenders

Tenders may withdraw, substitute or modify their Tenders by giving notice in writing

before the deadline prescribed above.

Each Tenderer’s withdrawal, substitution or modification notice shall be prepared,

sealed, marked, and delivered in accordance with Clauses 3 and 4, with the outer and

inner envelopes additionally marked or “Withdrawal,” Substitution,” or “Modification”

as appropriate. No Tender may be substituted or modified after the deadline for

submission of Tenders.

5. Tender Opening and Evaluation

5.1. Opening of Tenders by Purchaser

The Purchaser will open Tenders including modifications at 2:30pm on the 25th

February 2020 and at the place specified (OVC Meeting Room, Kukum Campus). The

Tenderers’ representatives who are present shall sign a register evidencing their

attendance.

Envelopes marked “WITHDRAWAL” shall be opened and read out first. Tenders for

which an acceptable notice of withdrawal has been submitted shall not be opened.

The Tenderers’ names, Tender prices, modifications, discounts offered, Tender

withdrawals and such other details as the Purchaser, at its discretion, may consider

appropriate will be announced and read aloud by the Purchaser at the Tender opening

session.

The Purchaser will prepare minutes of the Tender opening, including the information

disclosed to those present.

5.2 Confidentiality

Information relating to the examination, evaluation, comparison, and post-qualification

of tenders, recommendation of contract award shall not be disclosed to Tenderers or

any other persons not officially concerned with the process until publication of the

Contract Award.

5.3 Clarification of Tenders

To assist in the examination, evaluation and comparison of Tenders, the Purchaser

may, at its discretion, ask any Tenderer for clarification of its Tender, including


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breakdowns of unit rates. The request for clarification and the response shall be in

writing and no change in the price or substance of the Tender shall be sought, offered

or permitted, except as required to confirm the correction of arithmetic errors

discovered by the Purchaser in the evaluation of the Tenders.

5.4 Examination of Tenders and Determination of Responsiveness

The Purchaser will determine whether each Tender:

a. meets the eligibility criteria defined at ITT Clause 5.5 (Omit if criteria are not

used);

b. has been properly signed;

c. is accompanied by the required securities;

d. is substantially responsive to the requirements of the Tender documents.

Arithmetical errors will be rectified on the following basis:

i. If there is a discrepancy between the unit price and the total price that is

obtained by multiplying the unit price and quantity, the unit price shall prevail

and the total price shall be corrected. If the Tenderer does not accept the

correction of the errors, its Tender will be rejected,

ii. If there is a discrepancy between words and figures, the amount in words will

prevail.

Prior to the detailed evaluation, the Purchaser will determine the substantial

responsiveness of each Tender to the Tender Documents. For purposes of these clauses,

a substantially responsive Tender is one, which conforms to all the terms and

conditions of the Tender Documents without material deviations. The Purchaser’s

determination of a Tenderer’s responsiveness is to be based on the contents of the

Tender itself without recourse to extrinsic evidence. A material deviation or reservation

is one:

a. which affects in any substantial way the Scope, Quality, or Performance of the

Contract;

b. which limits in any substantial way, inconsistent with the Tender documents,

the Purchaser’s rights or the Tenderer’s obligations under the contract; or

c. whose rectification would affect unfairly the competitive position of other

Tenderers presenting substantially responsive Tenders.

A Tender determined as not substantially responsive will be rejected by the Purchaser

and may not subsequently be made responsive by the Tenderer by correction or

withdrawal of nonconforming deviation or reservation.

The Purchaser may waive any minor informality or nonconformity or irregularity in a

Tender which does not constitute a material deviation, provided such waiver does not

prejudice or affect the relative ranking of any Tender.

5.5 Evaluation and Comparison of Tenders

The Purchaser will evaluate and compare only the Tenders determined to be

substantially responsive in accordance with Clause 5.4.

The Purchaser’s evaluation of a Tender will be on the basis of Tender Price as specified

in the Price Schedule.

The Purchaser reserves the right to accept or reject any variation, deviation, or

alternative offer. Variations, deviations, and alternative offers and other factors which

are in excess of the requirements of the Tender documents or otherwise result in

unsolicited benefits for the Purchaser will not be taken into account in Tender

evaluation.


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The Purchaser’s evaluation of a Tender may take into account, in addition to the Tender

Price quoted, one or more of the following factors.

Delivery schedule offered in the Tender; [1 1/2 months]

The cost of components, mandatory spare parts, and service; [if back up service

is provided]

Contractual and Commercial Deviations: N/A

Other specific criteria indicated in the Technical Specifications.

6. Award of Contract

6.1 Post Qualification Requirements

In the absence of prequalification, the Purchaser will determine to its satisfaction

whether the Tenderer selected as having submitted the lowest evaluated responsive

Tender is qualified to satisfactorily perform the Contract.

The determination will take into account the Tenderer’s financial, technical and

production capabilities and resources. It will be based upon an examination of the

documentary evidence of the Tenderer’s qualifications submitted by the Tenderer, as

well as such other information as the Purchaser deems necessary and appropriate.

An affirmative determination will be a prerequisite for award of the Contract to the

Tenderer. A negative determination will result in rejection of the Tenderer’s Tender, in

which event the Purchaser will proceed to the next lowest evaluated Tender to make a

similar determination of that Tenderer’s capabilities to perform satisfactorily.

6.2 Award Criteria

Subject to Clause 6.1, the Purchaser will award the Contract to the successful Tenderer

whose Tender has been determined to be substantially responsive and has been

determined as the lowest-evaluated Tender, provided further that the Tenderer is

determined to be qualified to perform the Contract satisfactorily.

6.3 Purchaser’s Right to Vary at Time of Award

The Purchaser reserves the right at the time of award of Contract to increase or

decrease by the percentage as specified in the Special Conditions, the quantity of goods

and services originally specified in the Schedule of Requirements without any change

in unit prices or other terms and conditions.

6.4 Purchaser’s Right to Accept Any Tender and to Reject Any or All

Tenders

The Purchaser reserves the right to accept or reject any Tender, and to annul the Tender

process and reject all Tenders, at any time prior to award of Contract, without thereby

incurring any liability to the affected Tenderer or Tenderers or any obligation to inform

the affected Tenderer or Tenderers of the grounds for the Purchaser’s action.

6.5 Notification of Award

The Tenderer whose Tender has been accepted will be notified of the award by the Purchaser prior

to expiration of the Tender validity period by facsimile confirmed by a letter that its Tender has

been accepted.

Section III – Draft Supply Contract

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CONTRACT

DRAFT SUPPLY CONTRACT

Contract number: SINU UTB -002/20

1. The Solomon Islands National University, legally represented in this matter by [Dr.

Ganesh Chand, the Vice Chancellor hereinafter referred to as the Purchaser,

and

2. [Supplier’s name],

which has its registered office in …, legally represented in this matter by ...............

[and ...] [signatory’s name], hereinafter referred to as the Supplier,

have agreed as follows:

The subject of this contract shall be the supply and delivery of the following Goods:

Loose Furniture for the SNRAS Science Research & Teaching Complex at

Kukum Campus

The price of the Goods is confirmed in the Tender and Price Schedule as part of your

Tender. dated [……]

The total Price shall be $…………….SBD (in words and figures). The agreed prices

for the Goods are fixed for the duration of this Contract.

The place of delivery of the Goods shall be at the Project Site at SNRAS, Kukum

Campus.

The time limits for delivery shall be in accordance with the Schedule of Requirements

and your tender and shall be on the basis Delivery Duty Paid / Delivery At Place

[Project site at SNRAS Kukum Campus] as per clause 3.3 of the Instructions To

Tenderers (ITT).

The Supplier shall comply with the terms and conditions as mentioned in the Special &

General Conditions of Contract and the Technical Specifications. Any general and

special terms and conditions drawn up by the Supplier do not apply.

This Contract is subject to the provisions of the attached General Conditions of

Contract.

This Contract is made up of the following documents, in order of precedence:

- this Contract Letter;

- the Special Conditions of Contract;

- the General Conditions of Contract

- the Supplier’s Tender Form and Price Schedules; reference….. dated…..

- the Technical Offer [including clarifications from the Supplier provided

during tender evaluation];

- the Technical Specifications

Section III – Draft Supply Contract

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- the Invitation for Tender

The various documents making up this shall be deemed to be mutually explanatory; in

cases of a different interpretation, the documents shall prevail in the order in which

they appear above.

This Contract enters into force on the date on which it is signed by both Parties [and

ends as soon as the Delivery of the Supplies has been completed].

For the Purchaser For the Supplier

Name: Dr. Ganeshwar Chand Name:

Title: Vice Chancellor

Title:

Signature:

Signature:

Date:

Date:

For the PCMD (as Witness)

Name:

Title:

Signature:

Date:

Section III – General Conditions of Contract

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GENERAL CONDITIONS of CONTRACT

I DEFINITIONS

The following terms in these General Conditions of Contract for the Solomon Islands National

University are written with initial capitals and are defined as follows.

1.1 Technical Specification: a document attached to the Contract which, when initialled by

both parties, forms part of the Contract.

1.2 Documentation: the manuals or other user instructions accompanying the Goods, in

English.

1.3 Inspection: the inspection of the Goods for visible defects and non-conformity carried

out at the Purchaser’s request on the Supplier’s premises prior to Delivery.

1.5 Purchaser: the Solomon Island’s National University

1.6 Supplier: the party that supplies goods/services to the Purchaser.

1.7 Delivery: the delivery of the Goods referred to in article 3.1, including its assembly or

installation in accordance with the requirements set out in the Contract.

1.8 Contract: the written agreement between the Purchaser and the Supplier to which these

General Conditions of Contract are declared to be applicable.

1.9 Party: the Purchaser or the Supplier, depending on the context.

1.10 Goods: the movable item(s) and incidental services to be delivered to the Purchaser by

the Supplier under the Contract. Article 2 Application

2.1 Amendments or additions to the Contract or changes from General Conditions of

Contract are binding only if they have been explicitly agreed in writing between the

Parties. II PERFORMANCE OF THE CONTRACT Article 3 Delivery

3.1 Unless agreed otherwise in writing, Delivery of the Goods, specified by the Purchaser in

the Technical Specifications and quoted for by the Supplier will take place on the agreed

delivery date(s) or within the agreed delivery period(s) at the delivery address and

delivery location specified by the Purchaser, and the Supplier will bear all costs and risks

connected with transporting the Goods, including, where applicable, the import duties and

responsibility for complying with the associated formalities.

3.2 The agreed delivery date(s) or period(s) are considered to be fixed and final. If the Goods

are not delivered to the agreed location within the agreed period, the Supplier will be in

default without notice of default being required.

3.3 Delivery of the Goods earlier than the agreed delivery date(s) or period(s) will take place

only after prior written consent has been obtained from the Purchaser and will not alter

the agreed payment date.


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3.4 The Purchaser has the right to defer Delivery, unless this would place a disproportionate

burden on the Supplier. The Supplier is obliged to store the Goods for the Purchaser at no

additional cost until the deferred Delivery date, unless this would place a disproportionate

burden on the Supplier, in which case the Parties will hold discussions to find a

reasonable arrangement acceptable to both Parties. The provisions of articles 3.2, 3.4 and

14 apply to the Delivery deferred by the Purchaser, except that the Supplier will be in

default, without prior notice of default, only after the deferred delivery date(s) or period(s)

have been exceeded.

3.5 Upon request of the Purchaser, the Supplier may be required to provide incidental

services and/or spare parts for the equipment tendered. These incidental services and

spare parts should be in line and relation to the Goods tendered.

Article 4 Guarantee

4.1 The Supplier guarantees that the delivered Goods comply with the technical Specifications

are free of defects and is suitable for the purpose for which the Goods is intended. The

Goods does not comply with the Contract if the Goods do not have the characteristics the

Purchaser might expect on the basis of the Contract.

4.2 If the Purchaser has not provided a more detailed description of the requirements to be

met by the Goods, the Goods should in any event be of good quality and meet at least the

customary requirements concerning soundness, fitness for purpose and workmanship

requirements and customary industry regulations concerning quality, safety, health and

the environment.

4.3 The Purchaser may no longer refer to the fact that the Goods does not comply with the

Contract if it has not notified the Supplier accordingly in writing within 60 days of

discovering this fact. If the Supplier receives such a notification from the Purchaser, the

Supplier will rectify the defect or non-conformity within a period set by the Purchaser in

accordance with the provisions of article 13.

4.4 The Supplier guarantees that the delivered Goods is free of any special encumbrance or

restriction that the Purchaser has not accepted explicitly and in writing. The Supplier

indemnifies the Purchaser against all claims in this regard.

Article 5 Inspection

5.1 At the Purchaser’s request, the Goods may be inspected by the Purchaser or a third party

designated by the Purchaser on the Supplier’s premises prior to Delivery. However, the

Purchaser is not obliged to carry out such an Inspection.

5.2 If the Purchaser wishes to inspect the Goods:

a. the Supplier will have the Goods ready for Inspection at a time that allows the

agreed delivery times to be met;

b. the Supplier will, upon request and at no cost to the Purchaser, cooperate with the

Inspection and provide the Purchaser with a suitable location and reasonable

assistance in terms of staff and materials;

c. the Inspection, if the Supplier so desires, will take place in its presence or in the

presence of an expert designated by it. The associated costs will be borne by the

Supplier.

5.3 If the Purchaser rejects the Goods to be supplied, the Supplier is obliged, without

prejudice to all other rights or claims of the Purchaser, to provide without delay, at its own


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expense and risk, a missing, repaired or replacement Goods for a new Inspection. The

provisions of article 5 apply in full. Rejection by the Purchaser during the first or previous

Inspection will not lead to the agreed delivery period being extended.

5.4 The approval of the Goods by or on behalf of the Purchaser does not include any approval

that the Goods complies with the guarantees given in accordance with article 4.

III RELATIONS BETWEEN THE PARTIES

Article 6 Contacts

6.1 Each Party will appoint a contact person to maintain contacts in relation to the

performance of the Contract. The Parties will notify each other in writing of the person

they have appointed as their contact.

6.2 The contacts may represent and bind their Parties, unless the Contract provides otherwise.

Article 7 Method of notification

7.1 All notifications given by the Parties on the basis of the Contract must be in writing

7.2 Oral communications, undertakings or agreements have no legal force unless confirmed in

writing.

7.3 ‘In writing’ is understood to include ‘electronically’, provided:

a. the notification can be consulted by the addressee;

b. the authenticity of the notification is sufficiently guaranteed; and

c. the identity of the sender can be determined with sufficient certainty.

Article 8 Confidentiality

8.1 The Supplier will not disclose in any way any information that is provided by the

Purchaser or that is made known to it or comes to its knowledge, which it knows or may

reasonably suspect to be confidential, except in so far as it is requested to disclose such

information under a court ruling.

8.2 The Supplier will pass-on the duty of confidentiality referred to in this article on all staff it

engages in the performance of the Contract and will ensure that this duty is observed.

8.3 The Supplier will not issue press releases or make other public statements about the

Contract except with the prior consent of the Purchaser.

IV FINANCIAL PROVISIONS

Article 9 Prices

9.1 Unless agreed otherwise in writing, the prices agreed for the Goods include the costs of

transport, taxes, import duties, other levies, insurance, packaging costs and any assembly

or installation costs, and are stated in SDB.

9.2 Prices for the Goods are fixed, unless the Contract specifies the circumstances that may

lead to a price adjustment and the manner in which such an adjustment should be made.

Article 10 Invoicing and payment


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10.1 The Supplier will invoice the Purchaser for the delivered Goods at the agreed prices. The

Supplier will send the invoice in hardcopy to the address specified by the Purchaser,

stating the date and number of the Contract and other details requested by the Purchaser.

10.2 The Supplier will submit the invoice in hard copy to the address specified in the ITT.

10.3 The right to payment arises after Delivery of the Goods, unless the Contract provides

otherwise. The Supplier will invoice within 30 days of Delivery of the Goods. The

Purchaser will pay the prices for the delivered Goods within 30 days of receiving the

invoice if it satisfies the provisions of the Contract. If the Purchaser fails without good

reason to pay Suppliers invoice within this period, it will be liable to pay the Supplier

interest at the Lending Rate of the Central Bank of the Solomon Islands applicable on the

date that payment was due. The Supplier is not entitled to the payment of interest unless

the invoice in question satisfies the provisions of paragraph (10.1). The Purchaser has the

right to offset invoice amounts owed against amounts that the Supplier owes the

Purchaser.

10.4 Payment of an invoice by the Purchaser does not entail any recognition that the Goods

complies with the guarantees given in accordance with article 4.

10.5 The Purchaser has the right to offset invoice amounts owed against amounts that the

Supplier owes the Purchaser.

10.6 In case payment is subject to SIG tax law, all taxes applicable will be deducted before

payment

Article 11 Advance

11.1 If it has been agreed that, for the purpose of performing the Contract, the Purchaser

should make one or more payments prior to the Delivery of the Goods, it may require the

Supplier to issue the Purchaser with a bank guarantee prior to making the payment(s) in

question, to the value of the payment(s) in question. The Purchaser is not required to pay

any of the cost of the guarantee.

11.2 The ‘Advance Payment Guarantee will be issued by a bank approved by the Purchaser, in

accordance with the model attached to the Bidding Documents.

V NON-PERFORMANCE AND DISSOLUTION

Article 12. Penalty

12.1 If the Goods has not been delivered within the time limit agreed, the Supplier will owe

the Purchaser an immediately payable penalty of 0.1% of the price of the Goods in

question for every day the failure persists, subject to a maximum of 10% of that price. If

Delivery has become permanently impossible for reasons other than force majeure, the

Supplier will immediately be liable for the full penalty of 10% of the price of the Goods

in question.

12.2 The penalty is payable to the Purchaser without prejudice to all its other rights or claims,

including:

a. its right to demand that the Supplier fulfils its agreed obligation to deliver the

Goods (in so far as this has not become permanently impossible);

b. its right to compensation.


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12.3 The penalty will be set off against the amounts owed by the Purchaser, irrespective of

whether the rights to such amounts have been assigned to a third party.

Article 13 Non-performance

13.1 If the delivered Goods does not comply with the guarantees referred to in article 4, the

Purchaser may demand that the Supplier repair or replace the Goods. The associated costs

will be borne by the Supplier.

13.2 If, after receiving a written demand from the Purchaser, the Supplier fails to comply,

within the period stipulated therein, with a requirement as referred to in paragraph (13.1),

the Purchaser has the right, without prior recourse to the courts, to choose between:

a. replacement or repair of the Goods by a third party at the Supplier’s expense;

b. return of the Goods in question at the Supplier’s expense and risk and dissolution of

the Contract in accordance with the provisions of article 16 and, in consequence,

crediting of however much of the purchase price has already been paid for the Goods

in question.

13.3 The provisions of paragraphs (13.1) and (13.2) do not affect other rights and claims that

the Purchaser may derive from non-performance.

Article 14 Liability

14.1 A Party who fails to meets its obligations is liable to the other Party for any loss incurred

by the other Party.

14.2 The Supplier indemnifies the Purchaser against any third-party claims for damages

resulting from a failure as referred to in paragraph (14.1).

Article 15 Force majeure

15.1 In the event of temporary force majeure, the Supplier will immediately notify the

Purchaser in writing after the circumstances bringing about force majeure have occurred,

stating the cause of the force majeure. The Purchaser then has the right to choose:

a. allowing the Supplier to defer compliance with its obligations under the Contract for

a reasonable period of up to four weeks. If the Supplier is still unable to fulfil its

obligations under the Contract when this time limit expires, the Purchaser has the

right to dissolve the Contract with immediate effect out of court, without being

obliged to pay compensation or any costs to the Supplier; or

b. dissolution of the Contract with immediate effect out of court, without being obliged

to pay compensation or any costs to the Supplier.

15.2 In the event of long-term force majeure on the part of the Supplier, the Supplier will

immediately notify the Purchaser and the Purchaser has the right to dissolve the Contract

with immediate effect out of court, without being obliged to pay compensation or any

costs to the Supplier.

15.3 The term ‘force majeure’ is in any event understood not to include: staff shortages,

strikes, staff illness, shortages of raw materials, transport problems, breach of obligations

by suppliers, failures in the Supplier’s production process and liquidity or solvency

problems on the part of the Supplier, or failures on the part of third parties engaged by the

Supplier.


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Article 16 Dissolution

16.1 Without prejudice to the other provisions of the Contract, either Party may dissolve the

Contract in full or in part out of court by registered mail, without being obliged to pay

any compensation to the other Party, if the other Party is in default or compliance is

temporarily or permanently impossible.

16.2 In the event of force majeure, the Purchaser has the right to dissolve the Contract in

accordance with the provisions of article 15.

16.3 The Purchaser may dissolve the Contract with immediate effect out of court by signed for

mail or courier, without being required to send any demand or notice of default, and

without being obliged to pay the Supplier any compensation, if the Supplier applies for or

is granted a provisional or definitive suspension of payments, files for bankruptcy, is

declared bankrupt, if its business is wound up, if it ceases trading, if a substantial

proportion of its assets are seized, if it is deemed on any other grounds to be no longer

capable of fulfilling its obligations under the Contract, if bribery or conflicts of interest as

referred to in article 21 occur, or if the Supplier undergoes a merger or division.

16.4 If the Contract is dissolved, the Supplier will repay the undue amounts already paid to it

by the Purchaser. If the Contract is partially dissolved, the Supplier is obliged to repay

only the payments relating to the dissolved part.

Article 17 Retention of right to demand compliance

17.1 If one of the Parties fails to demand compliance with any provision within a time limit set

by the Contract, this will not affect its right to demand compliance at a later date, unless

the Party in question has expressly accepted the non-compliance in writing.

VI MISCELLANEOUS

Article 18 Documentation

18.1 The Supplier will provide the Purchaser with clear, adequate Documentation, drawn up in

English, on the characteristics and functionalities of the Goods.

18.2 The Purchaser has the right to publish and reproduce the Documentation solely for the

users envisaged by the Contract.

18.3 The Supplier indemnifies the Purchaser against claims that third parties might enforce on

the ground of a copyright accruing to them in relation to the Documentation.

Article 19 Assignment of rights and obligations under the Contract

19.1 Neither Party is entitled to transfer rights and obligations arising from the Contract to

third parties without the written consent of the other Party. The other Party will not

withhold its consent without reasonable grounds. It may attach conditions to its consent.

Article 20 Bribery and conflicts of interest

20.1 The Parties will not offer to each other or to third parties, or ask for, accept or obtain a

promise of, from each other or third parties, whether for themselves or for any other

Party, any gift, reward, compensation or benefit of any form whatsoever if this could be

construed as constituting an illicit practice. Such a practice may constitute grounds for

dissolving the Contract either in full or in part.


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20.2 If it transpires that one of the Purchaser’s subordinates was in the Supplier’s employment,

regardless of whether or not such employment was paid, during the formation of the

Contract, and that the Purchaser was not informed of this prior to the signing of the

Contract, the Purchaser may dissolve the Contract with immediate effect out of court,

without being required to give any notice of default or to pay any compensation.

Article 21 Invalidity

If one or more provisions of these General Conditions or the Contract are found to be invalid or

are nullified by a court, the remaining provisions will retain their legal force. The Parties will

consult on the former provisions in order to make alternative arrangements. The alternative

arrangements must not undermine the purpose of these General Conditions or the Contract.

Article 22 Follow-up order

The Contract does not entitle the Supplier to any follow-up orders.

Article 23 Long-term obligations

Provisions which by their nature are intended to persist after the Contract has been performed

will remain in force after the expiry of the Contract. They include the provisions on: guarantee

(article 4), confidentiality (article 8), non-performance (article 13), liability (article 14),

dissolution (article 16.4), documentation (article 18), and disputes and applicable law (article

24).

Article 24 Disputes and applicable law

24.1 Any dispute between the Parties in relation to the Contract will only be submitted to the

competent court in the Solomon Islands, unless the Parties agree an alternative means of

dispute resolution.

24.2 The Contract is governed by the law of the Solomon Islands.

Article 25 Final provisions

25.1 Any changes from this Contract are binding only if they have been expressly agreed by

the Parties in writing.

25.2 Any written or oral agreements previously made by the Parties about the order(s) placed

under this Contract for the Delivery of the Goods will be nullified by the signature of the

Contract.

Section III – Special Conditions of Contract

20

SPECIAL CONDITIONS of CONTRACT

1.Definitions

(GCC Clause

1.5)

1.1 a. The Purchaser is:

Solomon Islands National University

P.O. Box R113, Honiara, Solomon Islands

b. The Supplier is: …………………………………

………………………………………………………….

[Name and Address of Supplier]

c. The Delivery site is:

SNRAS SRTC Project Site at Kukum Campus

2. Inspection and

Tests (GCC

Clause 5)

5.1 Inspection and tests prior to shipment of goods at final

acceptance are as follows:

a. The time limit for inspection and tests and the issuance of

Certificate of acceptance and/or rejection should be no later

than 30 days of the completion of inspection and tests.

3. Delivery (GCC

Clause 3)

3.3 For Goods within the Solomon Islands: Upon delivery of the goods to

the Purchaser, the Supplier shall notify the Purchaser and submit the

following documents to the Purchaser:

i. Copies of the Supplier’s invoice showing Goods’ description,

quantity, unit price and total amount;

ii. Delivery note, transport receipt;

iii. Manufacturer’s or Supplier’s Warranty Certificate;

iv. Inspection Certificate issued by the nominated inspection

agency, and the Supplier’s factory inspection report.

4. Incidental

Services

(GCC Clause 3.5)

4.1 Incidental services to be provided are:

i. Installation and commissioning of equipment;

ii. Operational and maintenance training of equipment.

5. Spare Parts

(GCC Clause 3.5)

3.5 Additional spare parts requirements are:

a. Spare parts and components shall be supplied as promptly as

possible, but in any case, within six (6) months of placing the

order.

6. Guarantee (GCC

Clause 4.4)

4.1 In partial modification of the provisions, the warranty period shall be

months of operation from the date of acceptance of the Goods. The

Supplier shall, in addition, comply with the performance specified

under the Contract. If, for reasons attributable to the Supplier, these

guarantees are not attained in whole or in part, the Supplier shall, at

its discretion, either:

a. make such changes, modification, and/or additions to the Goods or

any part thereof as may be necessary in order to attain the contractual

guarantees specified in the contract at its own cost and expense

7. Variation (GCC 6.3 Maximum variation is 10% of the Contract value

Section III – Special Conditions of Contract

21

Clause 6.3)

8. Invoicing and

Payment (GCC

Clause 10)

10.1 Payment for the Goods supplied shall be made in SBD, as follows;

i. Advance Payment: 20 percent of the Contract Price shall be

paid within twenty-eight (28) days of signing of the Contract

against an invoice and a bank guarantee for the equivalent

amount and in the form provided in the Tender documents or

another form acceptable to the Purchaser.

ii. On Delivery: 80 percent of the Contract Price shall be paid

on receipt of the Goods and upon submission of the

documents specified in GCC Clause 10 and SCC Clause 3.

10.6 In case payment is subject to SIG tax law, the latest information on

the relevant withholding taxes and other payables are to be found at

the website of the Inland Revenue Department: http://www.ird.gov.sb

9. Prices (GCC

Clause 9)

9.2 Tender Prices may be adjusted only in the case of Tender validity

extension requested by the Purchaser.

10. Suppliers

Liability (GCC

Clause 14.1)

14.1 Notwithstanding Article 14.1 of the GCC, the Suppliers liability is

2 times the Contract value as stated in the formal contract between

Purchaser and Supplier.

11. Liquidated

Damages (GCC

Clause 12)

12.1 Applicable rate for the Liquidated damages is: 0.1% of the Contract

sum per day.

http://www.ird.gov.sb/

SECTION IV SCHEDULE OF REQUIREMENTS

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Section IV. Schedule of Requirements

The delivery schedule expressed as weeks/months stipulates hereafter a delivery date which is the

date of delivery at DDU named destination / Delivery At Place (Project Site at Kukum Campus).

In order to determine the correct date of delivery hereafter specified, the Purchaser has taken into

account the additional time that will be needed for international or national transit to the Project

Site or to another common place.1

Number Description Quantity Delivery

schedule

(shipment) in

days

In weeks/months

from contract

date

1 Delivery schedule As specified

in schedule of

requirements

30 3 months

1 The delivery may be specified for a single shipment, or for several partial shipments, for a specific date,

or range of acceptable delivery periods.

SECTION V – TECHNICAL SPECIFICATIONS

23

Section V. Specifications

Refer Relevant specifications in Loose Furniture Schedule and Requirements

Document (Excel spreadsheet).

SECTION VI – SAMPLE FORMS

24

Tender and Price Schedules

TENDER FORM

Date:

To: Chairman

SINU Tender Board Committee

Dear Chairman,

Having examined the tender documents, we the undersigned, offer to supply and deliver

[the Loose Furniture for the SNRAS SRTC Project] in conformity with the said tender

documents for the sum of SBD _________________, ______________ [total tender

amount in words and figures] or such other sums as may be ascertained in accordance with

the Schedule of Prices attached herewith and made part of this Tender.

We undertake, if our Tender is accepted, to deliver the goods in accordance with the

delivery schedule specified in the Schedule of Requirements.

We agree to abide by this Tender for a Period of 45 days from the date fixed for Tender

opening it shall remain binding upon us and may be accepted at any time before the

expiration of that period.

Until a formal Contract is prepared and executed, this Tender, together with your written

acceptance thereof and your notification of award, shall constitute a binding Contract

between us.

We understand that you are not bound to accept the lowest or any tender you may receive.

Dated this ______________________ day of ________________ 2019______.

_______________________ ______________________________

[signature] [in the capacity of]

Duly authorized to sign Tender for and on behalf of _____________________


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PRICE SCHEDULE FOR GOODS OFFERED FROM ABROAD

Name of Supplier ______________________ Page _________ of __________


Total Delivery At Place (Kukum Campus Project Site) Price

……………(in words)

Signature of Tenderer

___________________________________________

1 2 3 4 5

Item Description Quantity Unit price DAP Total DAP price

Named Destination


26

PRICE SCHEDULE FOR GOODS OFFERED FROM WITHIN SOLOMON ISLANDS

Name of Supplier ______________________ Page _________ of __________

Tender Reference number

1 2 3 4 5

Item Description Quantity Unit price

per item

Total price

per item

Total Price Delivery Duty Paid / Delivery at Place [named destination]

……………………(in words)

Signature of Tenderer ___________________________________________

Note: In case of discrepancy between unit price and total, the unit price shall prevail.

Use excel spreadsheet provided.

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BANK GUARANTEE FORM FOR ADVANCE PAYMENT

Date:

To: The Vice Chancellor

Solomon Islands National University

P.O. Box R113

Honiara

Supply and Delivery of Loose Furniture for the SNRAS Science Research & Teaching

Complex at Kukum Campus

Dear Vice Chancellor;

In accordance with the payment provision included in the Special Conditions of Contract, to

provide for advance payment, [name and address of Supplier] (hereinafter called “the Supplier”)

shall deposit with [name of the Purchaser], The Solomon Islands National University (hereinafter

called “the Purchaser”) a bank guarantee to guarantee his proper and faithful performance under

the said Clause of the Contract in an amount of [amount of guarantee in figures and words in

Solomon Islands Dollars].

We, the [name of the bank], as instructed by the Supplier, agree unconditionally and irrevocably

to guarantee as primary obligator and not as surety merely, the payment to the Purchaser on his

first demand without whatsoever right of objection on our part and without his first claim to the

Supplier, in the amount not exceeding [amount of guarantee in figures and words in Solomon

Islands Dollars].

We further agree that no change or addition to or other modification of the terms of the supply of

Goods to be performed thereunder or of any of the Contract documents which may be made

between the Purchaser and the Supplier, shall in any way release us from any liability under this

guarantee, and we hereby waive notice of any such change, addition, or modification.

This guarantee shall remain valid and in full effect from the date of the advance payment under

the Contract until the Purchaser receives full repayment of the same amount from the Supplier.

Yours truly,

Signature and seal of the Bank

___________________________________________________________________

[name of Bank]

__________________________________________________________________

[address]

__________________________________________________________

[date

28

MANUFACTURER’S AUTHORISATION FORM

Date:

To: The Chairman University Tender Board Committee

WHEREAS [name of the Manufacturer] who are established and reputable manufacturers of

[name and/or description of the goods] having factories at [address of factory]

I hereby authorise [name and address of Agent] to submit a Tender, and subsequently negotiate

and sign the Contract with you against IFT No. UTB -002/20 for the above goods manufactured

by us.

We hereby extend our full guarantee and warranty as per Clause 15 of the General Conditions of

Contract for the goods offered for supply by the above firm against this Invitation for Tenders.

_______________________________________________________

[signature for and on behalf of Manufacturer]

Note: This letter of authority should be on the letterhead of the Manufacturer and should be

signed by a person competent and having the power of attorney to bind the Manufacturer.

It should be included by the Tenderer in its Tender.

SECTION VII – QUALIFICATION INFORMATION

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Qualification Information

TENDERER TO FILL IN THIS FORM:

Notes on Form of qualification Information

The information to be filled in by Tenderers in the following pages will be used for the

purpose of post-qualification. This information will not be incorporated in the Contract.

Please attach additional pages, if necessary

1. For Individual Tenderers or Individual Members of Joint Ventures.

1.1 Constitution or legal status of Tenderer [attach copy]

Place of registration : ………………………..

Principal place of business : ………………………..

Power of attorney of signatory of Tenderer: [attach original]

1.2 Total annual volume of supplies made in the last two years, in SBD:

2018. $…………………..

2019. $…………………..

1.3 Supplies performed as prime Supplier on works of similar nature and volume over

the last two years. The value should be indicated in the same currency used for Item 1.2

above. Also list details of supplies under way or committed, including expected completion

date.

Procurement

ID No.

Name of

Purchaser

Type of

goods

supplied

Agreement

date

Delivery

completion

date

Value

of

contract

1.4 Financial reports for the last two years: balance sheet, profit and loss statements,

auditors’ reports, etc. List them below and attach copies.

………………………………………………………………………………………

………………………………………………………………………………………

………………………………………………………………………………………

………………………………………………………………………………………

1.5 Names, addresses and telephone, telex, facsimile numbers and email addresses of

banks that may provide references if contacted by the Purchaser.


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………………………………………………………………………………………

…………………………………………………………………………………………………

…………………………………………………………………………………………………

…………………………………………………………………………………………………

………………………………

1.6 Information on current litigation in which the Tenderer is involved.

Other party(ies) Cause of dispute Amount involved

2. Additional Requirements

2.1 Tenderers should provide any additional information required in the Bid Data Sheet.

………………………………………………………………………………………

………………………………………………………………………………………

………………………………………………………………………………………

………………………………………………………………………………………

………………………………………………………………………………………

………………………………………………………………………………………


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CHECKLIST

Check that you have included all the documents in your tender here:

Send copies only, not originals.

1. Tender Form Yes No

2. Priced and Identified Schedule of Requirements being offered Yes No

3. Detail of delivery dates Yes No

4. Proof of Finance Yes No

5. Company Registration Yes No

6. Assessment Criteria Yes No

7. All other forms included with ITT (indicate each individually)

8. Manufacturer’s Authorisation

INVITATION TO TENDERInvitation to Tender. 2.3 Amendment of Tender Documents At any time prior to the...

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